Parents can't be forced to shelter hostile son, daughter-in-law: HC
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Nagpur: In an important judgment upholding the rights and dignity of elderly parents, the Aurangabad bench of Bombay high court recently ruled that a daughter-in-law has no legal right to continue living in her in-laws' self-owned house if they withdraw their permission and seek her eviction.
The court observed that senior citizens cannot be compelled to tolerate the occupancy of their son and daughter-in-law in their home against their will, particularly when the relationship has turned acrimonious.
Justice Prafulla Khubalkar, in a strongly worded judgment delivered on June 18, quashed an order passed by the district collector — who was acting as an Appellate Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 — that set aside a 2019 eviction directive issued by the sub-divisional officer (SDO) in Nandurbar.
The petitioners, 67-year-old Chandiram Hemnani and his 66-year-old wife Sushila, allowed their son and daughter-in-law to live in their self-acquired property. However, following a breakdown in relations, they approached authorities seeking their eviction. The SDO ruled in favour of the elderly couple and directed the younger pair to vacate the house. But the collector later reversed this decision, holding the issue to be a civil dispute, prompting the Hemnanis to approach the high court under Article 227 of the Constitution.
by Taboola
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Justice Khubalkar rejected the collector's view, stating it was 'grossly erroneous' and contrary to the intent of the Senior Citizens Act, which aims to ensure dignified living and protection of elderly persons. "The competing rights of the daughter-in-law cannot be granted at the cost of rights of the senior citizens to enjoy their own property independently," the court held.
The bench pointed out that the daughter-in-law filed multiple legal proceedings, including divorce, domestic violence, and criminal complaints against her husband, further straining the relationship with her in-laws.
"Directing the petitioners to initiate fresh civil proceedings for eviction of their daughter-in-law would be detrimental and would defeat the purpose of the enactment," justice Khubalkar noted.
The judge held that since the house is neither ancestral nor jointly owned, and the parents are still alive and asserting their right to peaceful possession, the daughter-in-law has no enforceable right to remain. "Continued occupation despite opposition would amount to infringement of the parents' right to life with dignity," he stated.
The court also noted the couple's non-compliance with the tribunal's earlier order directing them to pay Rs20,000 per month to the senior citizens. "This conduct on the part of the daughter-in-law is deprecated," the judge added, while ordering them to immediately pay the full arrears and bear the cost of the current litigation.
In conclusion, the court allowed the petition filed by the Hemnanis, quashed the collector's order, and ordered the respondents to vacate the house within 30 days.
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